The Social Security Administration offers disability, retirement, and survivor benefits to qualified individuals. In many cases, the spouse or former spouse of individuals entitled to these benefits may also be entitled to benefits as a result of having been married if eligibility criteria are met.
Disability Benefits for a Spouse
Social Security Disability Insurance (SSDI) are federal benefits that not only secure the future of disabled workers but may also entitle a spouse to receive monthly benefits when certain criteria are met.
The current or former spouse of a disabled worker who is entitled to SSDI may also be eligible to receive benefits if they:
Have been married for at least one year; or
Are divorced but had been married for at least ten years; or
Are the survivor of the deceased spouse.
Retirement Benefits for a Spouse
The spouse of someone who has been married for at least one year to a retired worker in receipt of Social Security benefits may also be eligible to receive retirement benefits if they are at least 62 years old.
A spouse may also be entitled to receive Social Security retirement benefits for their own personal health condition. If the amount of the Social Security award is greater than the amount of the other spouse’s benefit, the spouse will receive the higher of their own Social Security benefit or their spouse’s.
Survivor Benefits for a Spouse
With limited exceptions, the survivor of a spouse in receipt of Social Security benefits will be eligible for survivor benefits if they had been married for nine months at the time of death. This benefit is sometimes known as a Widow or Widower Benefit. There are a few criteria that must be met to qualify, such as:
The surviving spouse must have attained the age of 62 years to receive full retirement age benefits; or
The surviving spouse is disabled and is at least 50 years old
Other circumstances may impact a surviving spouse’s entitlement to benefits. For example, if a widow qualifies for Social Security retirement benefits based on their own work record, they will only be entitled to receive the Widower Benefit if their retirement benefit is a lesser amount.
Retirement and Survivor Disability Benefits For a Divorced Spouse
A divorcee of a disabled former-spouse that is in receipt of SSDI benefits may be eligible to receive spousal benefits. Like other forms of social security benefits, certain eligibility criteria apply. For example, the former marriage must have lasted ten years and the ex-spouse must have attained the age of eligibility, which is generally 62 years for a full benefit award.
Similarly, the divorcee of a former spouse who in receipt of SSDI benefits may be entitled to receive survivor benefits when they meet at least one of the following criterion:
The surviving spouse must be at least 60 years old; or
The surviving spouse is between the ages of 50 and 60 and is disabled
Remarrying after the age of 60 will not negatively affect eligibility for divorced survivors benefits in most situations.
How to Apply For Spousal Social Security Benefits
If your spouse is entitled to retirement or SSDI benefits, you may Apply For Spousal Benefits online, via telephone, or at a local Social Security Office. A number of documents will be required as part of the application process. These include:
Birth certificate and/or proof of citizenship
Marriage certificate and/or Divorce Decree
Both yours and your spouses’ Social Security Numbers
Bank information
Death certificate of your spouse, if applicable
Veteran’s discharge papers (e.g. DD Form 214)
How a Social Security Disability Attorney will help
The application process can be difficult and time-consuming. The breadth of rules and regulations governing entitlement to Social Security is complex. That is why the assistance of a knowledgeable and experienced attorney is necessary to ensure that you receive the benefits that you are entitled to.
Get to know a Social Security Disability Attorney in Cape Coral who will provide an in-depth review of your case. The attorneys at Berke Law Firm, P.A. can assist you with a customized solution that will help to ensure your financial stability.
